What Happens When an Accident Exceeds Policy Limits?

In the aftermath of a car accident, navigating the insurance claims process can be daunting – especially if you have major losses that exceed policy limits. Understanding your rights in this situation is critical if you wish to seek fair compensation for your injuries and losses. You may need assistance from a car accident attorney in Las Vegas in this scenario.

How Much Insurance Is Available for a Car Accident in Nevada?

In the State of Nevada, all motor vehicle operators are required to purchase and maintain minimum amounts of automobile insurance. The required amounts are $25,000 per person and $50,000 per accident for bodily injury, plus $20,000 for property damage. If the other driver is at fault for your car accident, their insurance company should pay up to the policy’s maximum to cover your losses. These may include current and future medical costs, lost wages, and property repairs. If the at-fault driver’s insurance does not cover all of your damages, you may have several additional recovery options.

Uninsured/Underinsured Motorist Insurance

If the at-fault driver involved in your car accident case does not have adequate insurance under state law, your own car insurance company may step in to provide supplemental coverage. You can rely on uninsured and underinsured motorist (UM/UIM) insurance, for example. This is an optional type of insurance that must be rejected in writing.

Other First-Party Insurance Coverage

There may be other forms of coverage on your own car insurance policy to help make up the difference if your damages exceed the other driver’s policy limits. Examples include collision coverage, comprehensive coverage, umbrella insurance, medical payment insurance, gap insurance, personal injury protection and health insurance. Contact your car insurance provider to discuss available options for supplemental coverage.

A Lawsuit Against the At-Fault Driver

Another legal option that may be available is to file a lawsuit directly against the at-fault driver. If you use all of the coverage available on the driver’s automobile insurance policy but still need more money to cover your losses, a lawsuit against the driver could result in additional compensation from the driver’s assets.

A Lawsuit Against a Third Party

Additional sources of compensation may also be found in third parties: parties that contributed to the accident but were not directly involved in the crash. Examples include vehicle part manufacturers for defective or dangerous equipment, the government for an unsafe road condition, and a driver’s employer through the rule of vicarious liability.

Negotiating With Insurance Companies for Maximum Compensation

You can improve your odds of collecting coverage up to insurance policy limits by hiring a car accident attorney to represent you. A Las Vegas personal injury attorney will explore all of your options for financial compensation, including lawsuits, third-party claims or coverage from your own insurance policies. From there, your lawyer can handle communications and negotiations with an insurance claims adjuster for a settlement that covers your full damages. If a settlement cannot be reached, your attorney can take your car accident case to trial in pursuit of a judgment award that may exceed insurance policy limits. If you were recently involved in a car accident that left you with damages beyond what is offered by the at-fault driver’s insurer, contact Koch & Brim LLP for a free consultation with a personal injury lawyer about how to proceed.